South African’s right to claim for asbestos exposure in the USA

South African’s right to claim for asbestos exposure in the USA

In a recent development in the United States of America, a right has been created for South African Nationals to claim compensation as a result of exposure to Asbestos.

Asbestos and asbestos products have been banned in South Africa. Then environmental affairs and tourism minister, Marthinus Van Schalkwyk, had announced that the use of and manufacture of asbestos is prohibited in South Africa with effect from 2008.

Exposure to Asbestos can occur in many different ways through use in roofing, gutters, heaters and of course direct mining of Asbestos.

In each of these instances where possible, the wrongdoer has been found, even if it has been out of business or placed in liquidation, and compensation paid.

Exposure to asbestos results in lung disease and cancer. Exposure to Asbestos causes scarring of the lung tissue. No amount of exposure is considered safe.

Typically, the disease only reveals itself 10 to 20 years if not more after the initial exposure.

There are a number of different signs as to whether a person suffers from an asbestos-related disease such as shortness of breath, swollen fingertips, fatigue, wheezing and a persistent dry cough.

“Asbestos was used freely in manufacturing, mining, construction and even in the shipping industry,” says Tzvi Brivik of Malcolm Lyons and Brivik Inc. “The difficulty is that as the disease only reveals itself so many years after exposure, most people are not able to account for the exposure”.

“We are representing various sea men, who have been exposed to Asbestos on named ships sailing to and from the United States of America. This allows the families of the deceased as well as those who suffer these terrible diseases themselves to recover compensation”.

“The compensation which would be recoverable, “says Tzvi Brivik”, pursuant to submission and litigation of the claims in the United States of America is against a Defendant company which recognises the harm its product has caused to those who have come into contact with it”.

“A simple claim process has been established to screen for any potential claimants, “says Tzvi Brivik”. We believe there may be many such potential claimants in the Western Cape where Simonstown was a large military port and Cape Town is one of the largest working harbours and ports in the country”.